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This Article applies to hospitals, nursing homes, personal care homes and domiciliary care homes. State and federal law and regulations that apply to these institutions, except licensing procedures, are incorporated into this Article. The other provisions of this Article apply only to the extent that they impose higher standards or stricter requirements than State and federal law and regulations. (Mont. Co. Code 1965, § 89-23; Ord. No. 6-18, §2; 2002 L.M.C., ch. 36, § 1.)
(a) In this Section, “nursing home” includes nursing homes (as defined in Section 25-1) and any other facility in the County that is:
(1) required to be licensed under State law as a:
(A) comprehensive and extended care facility; or
(B) licensed assisted living facility; or
(2) subject to sections 1395i-3 or 1396r of Title 42 of the United States Code.
(b) Each nursing home must comply with federal law and regulations, including the Nursing Home Reform Act of 1987, that protect the rights of residents and their families and representatives to associate and to participate in resident and family groups, such as a family council. This requirement applies even if the nursing home is not otherwise subject to the federal law.
(c) The nursing home must consider and respond in writing to any written grievance or other written communication from a family council within 10 days after receiving the communication.
(d) The nursing home must maintain a “regulatory” file and a “public” file containing duplicate copies of each communication and response described in subsection (c). Copies of the records in the regulatory file must be complete and unedited. The same records in the public file must delete any information that identifies an individual resident.
(1) A resident or prospective resident, or any person representing either, may review the public file during normal business hours and at any other time that the nursing home agrees to make the file available.
(2) The nursing home promptly must comply with a request by a licensing authority or the County’s Long-Term-Care Ombudsman to review any record in either file.
(e) The nursing home must give each new or prospective resident the following written information provided by the family council:
(1) the name, address, and phone number of a current member of the family council;
(2) a brief description of the purpose and function of the family council; and
(3) instructions on how the resident or prospective resident may review the files described in subsection (d). (2002 L.M.C., ch. 36, § 1.)
(a) The establishment of any hospital shall require the prior approval of the council, sitting as the county board of health.
(b) An application shall be filed with the county health officer in the form of a preliminary report containing the name of the hospital, the kind or kinds of service to be provided and the location and physical description of the institution, together with such other information as shall be prescribed by or acceptable to him. The health officer shall notify all professionally and officially concerned parties, organizations and agencies of the filing of the application, set a public hearing not later than six (6) months after the filing of the application and forward the application to the board.
(c) The board shall not approve an application for establishment unless:
(1) There is demonstrated a public need for the establishment at the time and place and under the circumstances proposed.
(2) The proposal is broadly supported by lay and professional associations and groups in the county.
(3) The hospital, if specialized, has a close working relationship with a general hospital to ensure that a full spectrum of diagnostic and treatment services will be readily available.
(d) Subject to the provisions of paragraph (c) of this section, the board in approving establishment shall take into consideration and be empowered to request information and advice as to:
(1) The availability of facilities or services such as preadmission, ambulatory or home care services which may serve as alternatives or substitutes for the whole or any part of the proposed construction.
(2) The need for special equipment in view of existing utilization of comparable equipment at the time and place and under the circumstances proposed.
(3) The possible economies and improvements in service to be anticipated from the operation of joint central services including but not limited to laboratory, research, radiology, pharmacy, laundry and purchasing.
(4) The adequacy of financial resources and sources of future revenue.
(5) The record and reputation of the applicant as an owner or operator of a hospital or similar institution.
(e) The board shall take no action on any application until after proper notice has been given and a public hearing has been held. The board shall give public notice at least forty-five (45) days prior to the date of the proposed hearing.
(f) The board shall by resolution approve or disapprove the application within sixty (60) days of the hearing, unless it extends the time for decision.
(Ord. No. 6-18, § 3.)
Plans for construction of a structure to be used as a hospital, nursing home, personal care home or domiciliary care home shall be submitted to the director for approval prior to commencement of construction. Hospitals shall submit a resolution approving establishment as required by section 25-25 with their construction plans. (Mont. Co. Code 1965, § 89-24; Ord. No. 6-18, § 4; 1972 L.M.C., ch. 16, §13.)
Any new building designed as a nursing, convalescent, or care home and any existing building proposed for conversion for such use, must be a completely detached structure, no part of which is used for any other purpose. However, an existing building may be converted to such use if:
(a) The building is unattached and accessible for fire fighting purposes and evacuation of patients at all levels on 3 sides, as approved by the Department of Permitting Services.
(b) It is separated from adjacent structures on the fourth side by a fire wall extending from the ground to thirty (30) inches above the roof, and having a four-hour fire resistance rating (the equivalent of a solid eight-inch-thick brick wall).
(c) It complies with all other governing laws or ordinances.
Nursing, convalescent and care homes now located in buildings which do not comply with this section shall relocate in acceptable buildings. (Mont. Co. Code 1965, § 89-25; 1972 L.M.C., ch. 16, § 13; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2.)
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